Bonum Certa Men Certa

Fake Technological 'Advancement' (or 'Efficiencies'): EPO Still Breaking the Law and the Ever-So-Shy Media Refuses to Talk About That

The media, which is staffed by patent maximalists and owned at least partly by litigation/litigating firms, often celebrates the law-breaking

Granting everything seemed like a good idea at the time



Summary: A bunch of webstreams, controlled by private corporations outside Europe, may seem like a worthwhile "compromise" and they serve to show that adherence to law was never the goal, just ad hoc preservation of monopolies and cash cows

THE European Patent Office (EPO) formally likes talking about things like "efficiency" and "innovation". It also likes to pretend to be at the 'cutting edge', even though hard evidence easily refutes such claims. We've given many examples over the year. If anyone is a Luddite at the EPO, it is the management, which is not technical (and hardly qualified/experienced at anything, let alone management!).



"If anyone is a Luddite at the EPO, it is the management, which is not technical (and hardly qualified/experienced at anything, let alone management!)."As readers are aware, webstreams aren't a new thing; I did webstreams way back in the 1990s, i.e. more than two decades ago. There's nothing inherently innovative about video compression and/or audio compression (and synchronising the two). It's also known that people behind MP3 (and similar patent traps disguised as 'standards') did intentionally complicated and less efficient things just so that they can stockpile more patents on the format, amassing more "royalties". This is well documented. As for real-time streaming with compression (of multimedia)... nothing too innovative about it either. Low latency and Internet reliability in the "broadband age" made these things a lot simpler in practice. And it's all software...

Ask coders about it. Many of them have done message-passing programs, whether webstreams or not. There's nothing intrinsically complicated about that. I did this before. My brother did that (video chat) as a final year Computer Science project a whole decade ago... as an undergraduate. It is very, very old "tech"...

"So, when the EPO claims to be all "innovative" and "modern" with webstreams we should immediately ridicule them."One might say that it predates computing and goes back to the early days of TV with cable transmission and broadcast over radio waves (with antennas and towers).

So, when the EPO claims to be all "innovative" and "modern" with webstreams we should immediately ridicule them. There are many fine reasons to avoid webstreams for particular things; only days ago the EPO published (warning: epo.org link) "EPO member states discuss co-operation and Covid-19 response at first virtual annual meeting" [sic]

It's not a meeting, it's a bloody webstream.

We keep saying this repeatedly. Companies nowadays pretend to have "summits" and "events" and "conferences" or whatever... when all those things really are... well, they're webstreams from people's bedrooms and living rooms, with someone recording the streams and uploading footage to some spying (with ads) sites like Google's YouTube. Hardly novel.

Many companies just lack the guts to admit that their long-running tradition (some event) has ended and an event was canceled. That's all.

They're in denial about it. Simple.

"If you call your webstream a "conference" then I might call my home "palace" and Techrights a "news corporation"..."But this post isn't about the lunacy of webstream as 'events'... (which typically infer a physical presence, not analogies and connotations).

If you call your webstream a "conference" then I might call my home "palace" and Techrights a "news corporation"...

One curious aspect of webstreams is the sheer number of software patents on them (several different aspects, from packet management/serialisation to data compression), even in Europe, which does not in principle allow software patents. One reader of ours from Finland recalls the actions of a Finnish company called Tuxera. "In contrast," he wrote to us today, "Tuxera was Microsoft from the beginning and based entirely around proprietary software and the illegal acceptance of software patents in Europe. Their business model was to pretend that software patents are valid in the EU. I remember them spreading their software patent bullshit at a fake conference back around just over 10 years ago. That fake conference even had a stacked panel full of Microsoft partners, pushing software patents."

The EPO does similar things to promote software patents, which are illegal. Similarly, the USPTO is bypassing 35 U.S.C. €§ 101 to become little but a patent-granting machine, including shallow and obvious software patents. The media hardly talks about it. Instead, so-called 'media' writes about PR fluff, e.g. mere hirings of a single person spun as 'news' (new example of it here). There's also today's spam (ads) like "Webinar on Artificial Intelligence and Machine Learning" (yes, software patents disguised as something else).

"Why does it not bother anyone out there who's a "journalist" that there are laws being broken in the name of "the law"?"As we noted a couple of weeks ago, there's a major scandal involving the EPO's outsourcing of legal proceedings to Microsoft. This is against the law for a whole number of different reasons.

Does that bother anyone in the media? Apparently not. Actually, only one blog covered it! One! Not two. One.

"New technologies and procedures might become more of a norm in German courtrooms as the country eases its way out of lockdown," Charlotte Kilpatrick rejoiced some days ago as if some webstreams are decent substitutes for a critical process that must not discriminate on the basis of accessibility, platform, access to the Internet etc.

Why does it not bother anyone out there who's a "journalist" that there are laws being broken in the name of "the law"?

One new comment in IP Kat got past their moderation police, which suppresses even criticism of António Campinos and Benoît Battistelli. It concludes with: "It is thus once again shown that the president of the EPO and his staff of “counsellors” think they are above the law and can decide in their ivory tower what they think is fit for the EPO and its users."

Here's the whole lot:

That oral proceedings can be held by videoconference is technically possible is not at stake. That what is happening in The Netherlands and also in UK is to be welcomed.

What is interesting here is that the possibility of a hearing by video conference in The Netherlands has been decided by the legislator and not by the government.

It gave the provision a legal basis and it should in principle be limited to the time when such hearings are not possible without endangering the health of the participants.

Nothing replaces a face to face contact, and it is to be hoped that by adopting adequate safety measures proper hearings will be possible again.

The president of the EPO wants to establish videoconferences as standard way to hold oral proceedings in examination and in opposition. In opposition it is called a pilot. We all know that what is called pilot at the EPO is there to stay from the onset, unless it is an absolute disaster.

What the president of the EPO has done, boils down as if the Dutch government had taken the decision how to interpret the law and decided unilaterally without even consulting the users. Epi has, for once, protested.

The decision taken by the president is interfering with the Implementing rules of the EPC. These are not to be decided by the president, but by the administrative council, even if they are proposed by him. On the other hand we all know that the tail is wagging the dog.

It is to be expected that any loosing party will appeal such a decision for formal reasons. Having been taken by the legislator such formal reasons will not be opened to parties in The Netherlands. What will be gained if the result of such decisions can be set aside by the boards of appeal of the EPO?

Although Art 12(1,e) RPBA2020 speaks about “minutes of any video or telephone conference with the party or parties”, there is nothing in the rest of the RPBA2020 about video conferences.

Would it thus not be better to coordinate the possibility of holding oral proceedings in form of videoconferences with the Boards of Appeal? At least a coherent system could be established.

It is thus once again shown that the president of the EPO and his staff of “counsellors” think they are above the law and can decide in their ivory tower what they think is fit for the EPO and its users.


Only Kluwer Patent Blog wrote about this (other than us; we don't count ourselves). Everywhere else this illegal practice is being celebrated!

Who by?

Law firms of course.

"This is becoming so typical and the above merely reaffirms everything we've been saying about media coverage regarding patents."They don't want "work stoppage"; laws be damned! Take their "business" (court hearings) online.

Marks & Clerk's Julian Asquith has just conveniently overlooked the fact those EPO proceedings (like oppositions) are not legal when he published this piece (promoted in aggregators for a fee). We saw several more pieces like this one and added these to Daily Links over the past fortnight. To quote Marks & Clerk:

At the European Patent Office (EPO), the term "oral proceedings" is used for occasions on which parties present their arguments verbally. Oral proceedings typically occur at the end of a process, after written submissions. There are three occasions when oral proceedings are used by the EPO, namely during examination of patent applications (before examining divisions), during oppositions to a patent by another party (before opposition divisions), and during appeals (before a board of appeal).

With effect from 2 April 2020 all new oral proceedings before examining divisions will be held by videoconference. With effect from 4 May 2020 oral proceedings before opposition divisions can be held by videoconference with the agreement of the opposition division and with the agreement of all parties. The use of videoconferencing before boards of appeal is possible in theory, but is currently not done in practice. We discuss videoconferencing in each of these three areas separately below.



Not even once does he mention the legal issues with it. Not once!

The same is true about other articles on this subject (we saw almost a dozen in the past 2 weeks alone).

This is becoming so typical and the above merely reaffirms everything we've been saying about media coverage regarding patents. Facts don't seem to matter; only business models...

Recent Techrights' Posts

SLAPP Censorship - Part 116 Out of 200: 5 Years of Multiparty Lawfare Against Techrights, Funded by Americans and Also by Third Parties (Including Microsoft Salaries)
The public and our government will be informed in full
After IBM's Shares Collapsed the CEO is Trying the "Quantum" Trick Again, Bolstered by a Demented Dictator in the White House
from what we can gather IBM's CEO is trying to get the US government to participate in the scam
SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
 
The Media's "Satya Says" Syndrome Distracts From Grim Reality
how insiders see Microsoft slop
Oracle's Collapse Has Nothing to do With Slop, It's About Its Debt Exploding by Almost 50% in Just 12 Months
How are people meant to trust the media?
Now... a Word From Our Sponsor
Powerade
Links 23/06/2026: Microsoft Studio Closures and Journalism Subjected to Further Cuts
Links for the day
Gemini Links 23/06/2026: Gardens, Basketball, Blocking Hyperscaler, and New Commodore Phone
Links for the day
Links 23/06/2026: Apple Price Hikes and Technical Debt in Slop
Links for the day
Greece Ought to Curb the Threat of Social Control Media
its national discourse seems to be run by an American company called Facebook
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
The Aim is Not Fame
Reposted from schestowitz.com
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026